“Complying with All Laws” During Design and Construction by Eric Pempus, AIA

Total Page:16

File Type:pdf, Size:1020Kb

“Complying with All Laws” During Design and Construction by Eric Pempus, AIA Submitted August 9, 2016 “Complying with all laws” during design and construction By Eric Pempus, AIA Consider this situation: You have been awarded a commission to design a building for a new client. You propose using the AIA’s Standard Form of Agreement B101 as your owner-architect contract, but the client insists you sign a version of the B101 “with just a few minor changes.” You notice that one of those changes requires you to “comply with all laws, rules, and regulations," rather than, as the B101 states, to “review laws, codes, and regulations applicable to the Architect’s services.” That changed language should be setting off alarm bells for you. One of the most overlooked yet dangerous pitfalls for an architect is a provision in a legal document requiring a design professional to “comply with all laws, rules, and regulations" or similar language. However, such a provision can create a trap for an unsuspecting architect. The problems with “complying with all codes” A large number of laws apply to the design and construction of buildings. These laws govern: life safety (national model building codes as well as local variations) fire protection accessibility (ADA as well as local requirements) zoning occupant safety (e.g., OSHA) sustainable design wetlands preservation public health historic preservation and employment (federal, state, and local). It may in fact be impossible to comply with all laws that apply to a particular project because those laws may have contradictory provisions. To illustrate this point, the Advisory Legal Opinion – AGO 93-40 from the Florida Office of the Attorney General, on the subject of “conflict between building code & firesafety code,” states that when the provisions of the applicable minimum building code and the applicable minimum firesafety code conflict … the local building code enforcement official and the local fire code enforcement official [shall] resolve the conflict by agreement in favor of the requirement of the code which provides the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction. Similarly, the General Services Administration’s (GSA) Codes and Standards states that [s]hould a conflict exist between GSA requirements and the GSA adopted nationally recognized codes, the GSA requirement shall prevail. All code conflicts shall be brought to the attention of the GSA project manager for resolution. “Complying with all laws” during design and construction – Eric Pempus, AIA - 1 - Submitted August 9, 2016 Similarly, the Department of Public Safety, Bureau of Building Codes & Standards, State of Maine, states that when conflicts between codes arise the Bureau will make changes. But until such changes are made, an architect may not be able to comply with all laws. Even national model codes can conflict with each other: Since the creation of the Technical Standards and Codes Board in 2009, the Board has reviewed several conflicts between the ICC Codes adopted and the NFPA Code. They have also made several amendments to the Code that was originally adopted. All of these changes should be reflected in the latest set of Chapters 1-6 that were done through Rule-making in the 126th Legislature … Furthermore, when architects agree to “comply with all laws, rules, and regulations” in either a modified B101 or a client’s customized contract, they may be agreeing to perform services beyond their expertise and normal responsibility. If “all laws, rules, and regulations" is construed to mean, for example, job-site safety, then OSHA regulations could apply, making architects responsible for work that is not covered under their professional liability insurance. And finally, what does “comply with” actually mean? To receive a building permit, it is commonplace for an architect’s drawings and specifications to be reviewed by the agencies having jurisdiction over building code compliance. Normally, the plan review process generates corrections, with the agency citing code sections that were not met in the submitted plans, thus not “complying with all laws, rules and regulations.” Especially for large or complex projects, rarely is a plan review returned with no corrections needing to be made. Is the architect in breach of contract if the initial plan review identifies areas of noncompliance? Standard forms of agreement and the architect’s standard of care The AIA Owner-Architect Standard Form of Agreement B101 (2007) recognizes that (1) there is a bewildering number of laws and codes related to design and construction, making it unreasonable to expect an architect to be an expert in all of them; (2) the codes themselves may contradict each other; and (3) not all the design- and construction-related laws and codes concern the architect. Thus, the B101 states, in Section 3.201, that [t]he Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. This effectively establishes the standard of care for architects relative to code compliance (the standard of care for architects being how other architects under similar circumstances, in the same time frame, and in the same locale, would be expected to perform). Agreeing to a “comply with all”–type clause elevates an architect’s professional standard of care beyond what is typically insurable, and should be replaced with words such as “take into account” or “review.” There is considerable authority for this position. The 2012 AIA Code of Ethics & Professional Conduct addresses this: 3.101 In performing professional services, members shall take into account applicable laws and regulations. Members may rely on the advice of other qualified persons as to the intent and meaning of such regulations. “Complying with all laws” during design and construction – Eric Pempus, AIA - 2 - Submitted August 9, 2016 NCARB’s Rules of Conduct are recommended for Member Boards having the authority to promulgate and enforce rules of conduct. NCARB’s Rules state that [i]n designing a project, an architect shall take into account all applicable state and municipal building laws and regulations. While an architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such laws and regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations. Many states follow NCARB’s view. For example, the Ohio Administrative Code (OAC) 4703-3-07 (A)(2) requires that architects “take into account” all laws when performing their services. It does not require an architect to be perfect and “comply with all laws.” The lesson to be learned from NCARB and states like Ohio is that architects do not have to agree to such a clause, and that an architect who does could find it difficult or impossible to perform in accordance with the contract. Certifications including compliance with all laws On some projects, the architect may be presented with the client’s lending institution’s Certificate of Consent for Assignment. This document may state that in order for the client’s loan to be finalized for the project, the architect must certify that the project was designed and built in compliance with all laws, rules, and regulations, so that the architect’s agreement can be assigned to the lender if the client defaults on the loan. Unfortunately, sometimes this certificate lists every conceivable law or rule, which may be well beyond the scope of the architect’s services. If you find yourself in the situation where your client is requiring you as an architect to certify that something is true, complete, and correct, and that the design “complies with all laws,” push back. Satisfying this requirement exceeds the standard of care for which you are insured, and signing such a document may risk your insurance coverage. Your better option is to advise your client to delete such onerous “comply with all laws” language if they also require you to carry professional liability insurance—they can’t have both. If that doesn’t work, then at least define what is meant by “certify”: As used herein, the word certify shall mean an expression of the Architect’s professional opinion to the best of its information, knowledge, and belief, and does not constitute a warranty or guarantee by the Architect. Avoid the “comply with all laws” trap In summary, architects should explain to their clients why the “comply with all” language is problematic. First, there are so many laws, rules, and regulations affecting the building industry that they may at times conflict, and it simply is not possible for an architect to know them all. Second, laws are constantly evolving, sometimes even during the course of a project, making it impossible to comply with a moving target. And third, laws are subject to human interpretation. One code official’s interpretation of a regulation may be different from another’s, and code officials may change during the course of a project. Although to a layperson it seems logical that an architect should “comply with all laws, rules, and regulations” for their projects. However, these clauses in legal documents are a pitfall that architects should “Complying with all laws” during design and construction – Eric Pempus, AIA - 3 - Submitted August 9, 2016 avoid. The best approach is to negotiate with your client, explaining why it is inappropriate to require an architect to perform above the accepted standard of care. Disclaimer: The viewpoints expressed in this article are those of the author(s) and are not necessarily approved by, reflective of or edited by other individual, group, or institution. This article is an expression by the author(s) to generate discussion and interest in this topic.
Recommended publications
  • Why Homeowners Should Not Obtain the Building Permit for Construction Projects
    MASSACHUSETTS FEDERATION OF BUILDING OFFICIALS, Inc. .. .. ,~> . A.:t' ··.·• President - Dan Walsh Past Presidents Vice President - Curtis Meskus David Moore, Steve Frederickson Treasure - David Jensen Paul Tacy, Robert Camacho Secretary - Michael Mendoza Why homeowners should not obtain the building permit for construction projects. Massachusetts homeowners are allowed to obtain their own building permit for renovations and improvements to their homes. Obtaining your own building permit comes with significant responsibility and risk. Professionals recommend that only homeowners with significant experience and skill renovating homes and up to date knowledge of building codes pull their own permits. Before you decide to apply for your own building permit be sure you know what will be required to comply with the new Massachusetts building code and all related state and local requirements. Not knowing can cause significant project delays and inconvenience and potentially cost you thousands of dollars to rectify mistakes. For example, if work on a project is halfway done and it is not compliant with structural or energy code you may have to remove the work and replace it to meet the new code. The Risks of Homeowner - Obtained Permits Excluded from the Guaranty Fund: When the homeowner obtains a building permit they are not eligible to access the Guaranty Fund established by the Home Improvement Law, M.G.L. c142A. This fund was created to protect homeowners from losses incurred as a result of contractor or sub-contractor work performed in a poor or un-workmanlike manner, or work that is in violation of common law or code. For example if a homeowner obtains the building permit and hires a contractor who abandons the job because he priced it too low, the money lost cannot be recovered from the Guaranty Fund.
    [Show full text]
  • ELECTRICAL CODE* ______*Editor’S Note: Ordinance No
    ARLINGTON COUNTY CODE Chapter 7 ELECTRICAL CODE* __________ *Editor’s note: Ordinance No. 09-11, adopted April 28, 2009, amended Chapter 7, in its entirety, to read as herein set out. __________ § 7-1. Title and Scope. § 7-2. Definitions. § 7-3. Availability of Codes. § 7-4. Administration and Enforcement. § 7-5. Reserved. § 7-6. Permits and Fees. § 7-7. General Provisions. § 7-1. Title and Scope. A. Title. This chapter shall be known as the "Arlington County Electrical Code" and may be so cited. B. Scope--New electrical systems. This Code shall apply to electrical systems and to parts thereto which are hereafter installed in buildings of the occupancy classifications enumerated in the Virginia Uniform Statewide Building Code. (Ord. No. 89-25, 9-23-89); Ord. No. 07-13, 9-18-07, effective 10-1-07; Ord. No. 08-08, 4-19-08, effective 7-1-08; Ord. No. 09-11, 4-28-09) § 7-2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: “Building Official” means the Inspection Services Division Chief of Arlington County or his designee. “Construction Code Inspector” means a qualified person charged with the inspections of all electrical systems and electrical work performed in the County. (Ord. No. 89-25, 9-23-89; Ord. No. 95-14, 8-8-95; Ord. No. 97-7, 4-12-97; Ord. No. 07-13, 9-18-07, effective 10-1- 07; Ord. No. 08-08, 4-19-08, effective 7-1-08; Ord. No.
    [Show full text]
  • 20171 Minimum Design and Construction Requirements
    Virginia Housing Development Authority 20171 Minimum Design and Construction Requirements Requirements for All Developments The following requirements were created to address issues related to the design, construction, maintenance, marketing, life cycle costs and aesthetic concerns for developments utilizing low income housing tax credits (LIHTC), and/or developments financed by the Virginia Housing Development Authority (VHDA). Submission requirements for VHDA loan applications are listed on the Architectural & Engineering Review sheet which can be found at the conclusion of the Minimum Design and Construction Requirements (MDCR). Submission requirements for the LIHTC program are contained in the tax credit application. Drawings, specifications and scope of work are to comply with the latest applicable issue of the Virginia Uniform Statewide Building Code (USBC)2, International Building Code (IBC)3, other applicable Virginia and national codes, requirements of localities, prevailing design and construction practices and the Minimum Design and Construction Requirements of VHDA. Installation of materials, equipment, products, and building systems are to be per the manufacturers’ requirements, specifications, and recommendations. All developments are to comply with accessibility requirements of USBC. Requirements for New Construction SITE WORK 1. Finished floor elevations of buildings are to be a minimum of 8 inches higher than the adjoining finished grade. When achieving an 8 inch height separation is not feasible, due to accessibility requirements or other conditions, provide an alternate solution acceptable to VHDA. 2. Areas around buildings are to be graded to have a minimum 5% slope away from foundation walls for a minimum distance of 10 feet, per IBC. Install yard drains, storm inlets, or drainage pipes under concrete walks to drain properly if the space between foundation walls and concrete walks is less than 10 feet.
    [Show full text]
  • Building Codes and Housing
    Building Codes and Housing Building Codes and Housing David Listokin Rutgers University David B. Hattis Building Technology Inc. Abstract This article examines whether and to what extent building codes affect housing costs. It first describes these technical provisions, then considers how building codes could theoretically affect housing costs, and finally analyzes empirical studies on the subject. While the latter are dated and suffer from other limitations, the more rigorous quan­ titative analyses indicate that codes increase housing costs by 5 percent or less. Further, building codes are in a state of flux and we need to examine how the current generation of regulations affects housing. Thus, building codes merit contemporary investigation; however, these regulations have much less impact on housing costs compared to other regulations such as zoning and subdivisions requirements. Introduction and Summary This article considers the regulation of housing construction (single-family and multifamily, new construction and rehabilitation of existing buildings), focusing on the building code (a broad term specifically defined in this article). It first describes the building code and then traces its history. The history of the building code is important because numerous events and disparate parties have shaped the code, which currently is in a state of evolution. The code is moving toward two national model templates that influence local building code regulations, and away from the three regional-oriented model codes that have been influencing local regulations. In theory, the building code could adversely affect housing production and could increase housing costs through both substantive (technical) and administrative impediments. Examples of the former include restrictions of cost-saving materials and technologies and barriers to mass production; the latter encompasses such barriers as administrative conflicts among different administering parties (for example, building and fire departments) and inadequately trained inspectors.
    [Show full text]
  • Building Code Compliance: Managing the Risks
    Fall 2016 Building code compliance: managing the risks To many architects and engineers (A/E’s), the words Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC “building code” have a distinctly negative connotation. This is not entirely surprising— the words often come up in the context of an obscure requirement that no one understands. Or even worse, two obscure requirements that appear to contradict each other. Being able to design to the applicable building code is a non-negotiable In agreeing to comply with applicable codes, Rather than developing an entire building element of an A/E’s work. however, the A/E should be careful to code, states generally base their codes on a Even if a contract does not understand exactly what they are agreeing to. model code developed by a standards require compliance with In addition, if there are aspects of the design organization. For most of the 20th century, that the A/E is not familiar with, or the there were three commonly-used model applicable codes, courts will project is in a jurisdiction in which the A/E codes in the U.S.: the Uniform Building Code generally find that failure to does not typically work, the A/E might want (UBC), the Building Officials Code comply with the building to consider using a code consultant. Administrators National Building Code (BOCA/NBC) and the Standard Building Code code is negligence. Model codes (SBC). The UBC was primarily used in the Building codes and standards are the midwestern and western states, the BOCA/ rules and guidelines that specify the minimum NBC was used in the northeastern states and acceptable level of safety for buildings and the SBC was used in the South.
    [Show full text]
  • General Q. How Can I File a Building Code Or Zoning Complaint?
    Inspectors Schedule Q. What are the inspectors’ office hours? A. The Building Inspector’s hours are 8:00-10:00am and 12:00-2:00pm M thru F. The Wiring Inspector’s hours are 8:00-9:00am and 2:30-4:00pm M thru F. The Plumbing and Gas Inspector’s hours are 8:00-9:00am and 3:00-4:00pm M thru F. Q. What are the inspection times? A. The building inspections are conducted from 10:00am-12:00pm and 2:00-3:30pm M thru F. The wiring inspections are conducted from 9:00am-2:30pm M thru F. General Q. How can I file a Building Code or Zoning Complaint? A. In order to file a complaint, click on the Request for Enforcement Link. Form must be filled out completely. Permits Information Q. Does a contractor need to register with Town of Wellesley before he/she can apply for a permit? A. All Contractors and Designees need to register with the Town before they can do work in the town. They must come to the Town Hall Building Department with the licenses they are registering. No photo copies will be excepted and contractor must appear in person. Q. When is a building, gas, plumbing, or electrical permit required? A. All work that is regulated by the Mass State Building Code 780 CMR 110.0 requires a permit. With very few exceptions, a permit is required for most building, gas, plumbing, or electrical work. Please error on the side of caution and contact the Building Department to verify if work to be performed requires a permit.
    [Show full text]
  • Washington State Building Code International Building
    WASHINGTON STATE BUILDING CODE CHAPTER 51-50 WAC INTERNATIONAL BUILDING CODE 2018 Edition Includes adoption of and amendments to the 2018 International Existing Building Code and ICC/ANSI A117.1-2009 Washington State Building Code Council Effective July 1, 2020 Copies of the State Building Codes and complete copies of the 2018 International Building Code as published by the International Code Council may be obtained from: Washington Association of Building Officials Post Office Box 7310 Olympia, Washington 98507-7310 (360) 628-8669 www.wabobookstore.org or toll free in Washington State at (888) 664-9515 The 2018 International Building Code, as published by the International Code Council, may be viewed at the following website: https://codes.iccsafe.org/content/IBC2018P4 First Edition Titled International Building Code Chapter 51-50 WAC Effective July 1, 2020 Preface Authority: The International Building Code (Chapter 51-50 WAC) is adopted by the Washington State Building Code Council pursuant to Chapters 19.27 and 70.92 RCW. These codes were first adopted by reference by the Washington State Legislature in 1974. In 1985, the Legislature delegated the responsibility of adoption and amendment of these codes to the State Building Code Council. Code Precedence: The State Building Code Act, Chapter 19.27 RCW, establishes the following order of precedence among the documents adopted as parts of the State Building Code: International Building Code, Standards and amendments -WAC 51-50; International Residential Code, Standards and amendments – WAC 51-51; International Mechanical Code, Standards and amendments - WAC 51-52; International Fire Code, Standards and amendments - WAC 51-54A; Uniform Plumbing Code, Standards and amendments - WAC 51-56 Where there is a conflict between codes, an earlier named code takes precedence over a later named code.
    [Show full text]
  • An Overview of the Building Delivery Process
    An Overview of the Building Delivery CHAPTER Process 1 (How Buildings Come into Being) CHAPTER OUTLINE 1.1 PROJECT DELIVERY PHASES 1.11 CONSTRUCTION PHASE: CONTRACT ADMINISTRATION 1.2 PREDESIGN PHASE 1.12 POSTCONSTRUCTION PHASE: 1.3 DESIGN PHASE PROJECT CLOSEOUT 1.4 THREE SEQUENTIAL STAGES IN DESIGN PHASE 1.13 PROJECT DELIVERY METHOD: DESIGN- BID-BUILD METHOD 1.5 CSI MASTERFORMAT AND SPECIFICATIONS 1.14 PROJECT DELIVERY METHOD: 1.6 THE CONSTRUCTION TEAM DESIGN-­NEGOTIATE-BUILD METHOD 1.7 PRECONSTRUCTION PHASE: THE BIDDING 1.15 PROJECT DELIVERY METHOD: CONSTRUCTION DOCUMENTS MANAGEMENT-RELATED METHODS 1.8 PRECONSTRUCTION PHASE: THE SURETY BONDS 1.16 PROJECT DELIVERY METHOD: DESIGN-BUILD METHOD 1.9 PRECONSTRUCTION PHASE: SELECTING THE GENERAL CONTRACTOR AND PROJECT 1.17 INTEGRATED PROJECT DELIVERY METHOD DELIVERY 1.18 FAST-TRACK PROJECT SCHEDULING 1.10 CONSTRUCTION PHASE: SUBMITTALS AND CONSTRUCTION PROGRESS DOCUMENTATION Building construction is a complex, significant, and rewarding process. It begins with an idea and culminates in a structure that may serve its occupants for several decades, even centuries. Like the manufacturing of products, building construction requires an ordered and planned assembly of materials. It is, however, far more complicated than product manufacturing. Buildings are assembled outdoors by a large number of diverse constructors and artisans on all types of sites and are subject to all kinds of weather conditions. Additionally, even a modest-sized building must satisfy many performance criteria and legal constraints, requires an immense variety of materials, and involves a large network of design and production firms. Building construction is further complicated by the fact that no two buildings are identical; each one must be custom built to serve a unique function and respond to its specific context and the preferences of its owner, user, and occupant.
    [Show full text]
  • International Building Code Essentials for Wood Construction
    International Building Code Essentials for Wood Construction Dennis Richardson, P.E., C.B.O., CASp Western Regional Manager American Wood Council • “The Wood Products Council” is • This course is registered with a Registered Provider with The AIA CES for continuing American Institute of Architects professional education. As such, Continuing Education Systems it does not include content that (AIA/CES), Provider #G516. may be deemed or construed to be an approval or endorsement by the AIA of any material of • Credit(s) earned on completion construction or any method or of this course will be reported to manner of AIA CES for AIA members. handling, using, distributing, or Certificates of Completion for dealing in any material or both AIA members and non-AIA product. members are available upon • Questions related to specific request. materials, methods, and services will be addressed at the conclusion of this presentation. 1 Copyright Materials This presentation is protected by US and International Copyright laws. Reproduction, distribution, display and use of the presentation without written permission of AWC is prohibited. © American Wood Council 2014 Course Description • Based on the new AWC/International Code Council publication, Code Conforming Wood Design (CCWD), this presentation takes the mystery out of International Building Code (IBC) parameters for wood in non- residential and multi-residential construction. Topics will include maximum building sizes (participants will receive pre-calculated tables for eight occupancies, with and without frontage and sprinkler increases); alternatives for establishing required fire resistance; special provisions for pedestal buildings; precautionary recommendations for buildings under construction; criteria for finishes, exterior coverings, appendages, and other wood features; and the use of AWC design standards and other publications in relation to the IBC.
    [Show full text]
  • International Building Code Essentials for Wood Construction Paul D
    International Building Code Essentials for Wood Construction Paul D. Coats, PE, CBO Southeast Regional Manager, American Wood Council 1 “The Wood Products Council” is a This course is registered with Registered Provider with The AIA CES for continuing American Institute of Architects professional education. As such, Continuing Education Systems it does not include content that (AIA/CES), Provider #G516. may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or Credit(s) earned on completion of manner ofhandling, using, this course will be reported to AIA distributing, or dealing in any CES for AIA members. Certificates material or product. of Completion for both AIA __________________________________ members and non-AIA members Questions related to specific materials, are available upon request. methods, and services will be addressed at the conclusion of this presentation. Copyright Materials This presentation is protected by US and International Copyright laws. Reproduction, distribution, display and use of the presentation without written permission of AWC is prohibited. © American Wood Council 2016 3 Course Description • Based on the American Wood Council (AWC)/International Code Council publication, Code Conforming Wood Design (CCWD), this presentation provides insight into the 2012 International Building Code (IBC) parameters for wood in non-residential and multi-residential construction. Topics will include maximum building sizes (participants will receive pre-calculated tables for eight occupancies, with and without frontage and sprinkler increases); alternatives for establishing required fire resistance; special provisions for pedestal buildings; precautionary recommendations during construction; criteria for finishes, and other wood features; and the use of AWC design standards and other publications in relation to the IBC.
    [Show full text]
  • Facilities Standards for the Public Buildings Service (PBS-PQ100.1)
    CHAPTER 1. GENERAL REQUIREMENTS Facilities Standards for the Public Buildings Service (PBS-PQ100.1) Arrangement of Chapters Chapter 1: General Requirements Appendix 1.A: Life Cycle Cost Example Chapter 2: Site Planning and Landscape Design Chapter 3: Architectural and Interior Design Chapter 4: Structural Engineering (Includes Seismic Design) Chapter 5: Mechanical Engineering Chapter 6: Electrical Engineering Appendix 6.A: Energy Efficient Design of New Buildings Chapter 7: Fire Protection Engineering Chapter 8: Security Design Index PBS-PQ100.1 June 14, 1996 Page i FACILITIES STANDARDS FOR THE PUBLIC BUILDINGS SERVICE CHAPTER 1 GENERAL REQUIREMENTS Purpose of the Facilities Standards for the Public Buildings Service ......................................................................................................... 1 Arrangement of Chapters.................................................................................... 3 Applicability of the Facilities Standards ........................................................................ 4 GSA Building Types .......................................................................................... 4 Office Buildings...................................................................................... 4 Courts...................................................................................................... 4 Border Stations........................................................................................ 4 Child Care Centers.................................................................................
    [Show full text]
  • Building Officials Manual
    HANDBOOK FOR S O U T H D A K O T A BUILDING OFFICIALS AND DESIGN PROFESSIONALS Engineering and Architecture Registration Laws South Dakota State Board of Technical Professions 2525 West Main Street, Suite 211 Rapid City, South Dakota 57702 Phone 605/394-2510 Fax 605/394-2509 Revised 11/2017 0 TABLE OF CONTENTS Table of Contents . 1 Forward . 2 Introduction . 3 Definitions . 4-5 Exempt Structures . 6 Multiple Occupancy Formula . 7 Professional Work: Architects and Engineers. 8 Seals on Professional Work . 9-10 Suggestions for Plan Submissions. 11 Suggestions for Required Drawings/Documents . 12-13 Frequently Asked Questions . 14-19 Appendix A: Letter of Assurance . 20 1 FORWARD This handbook has been published by the South Dakota Board of Technical Professions to aid building officials and other governmental entities in understanding the laws governing the practice of architecture and engineering in South Dakota. Among other requirements these laws identify when a licensed design professional is required for construction projects. Please note that all construction in South Dakota is required to adhere to the most recent State of South Dakota adopted building codes, even if a licensed design professional is not required. The definitions and opinions expressed in this handbook are based upon the interpretations of the Board and should not be relied upon as being conclusive. Specific situations should be referred to your own legal counsel. This handbook is a guideline intended as a source of basic information and does not attempt to address all questions concerning the practices of architecture or engineering. The last portion of the manual addresses questions frequently asked.
    [Show full text]